Hon Wilfred Niwagaba the Ndorwa East MP wants the Court of Appeal to dismiss an application seeking to introduce additional evidence by his rival, challenging his victory.
Dr. Protazio Begumisa the former National Resistance Movement-NRM party candidate challenged Niwagaba’s victory on allegations of bribery and falsification of results during the January 2021 elections.
But in November last year, Kabale High Court Judge Phillip Odoki dismissed Begumisa’s petition with costs for lack of sufficient evidence to support his claims.
However, Begumisa filed an appeal faulting the Judge for failing to evaluate properly the evidence brought before the court record, noting that Justice Odoki arrived at the wrong conclusions of dismissing his petition and upholding Nuwagaba’s victory.
Now, on Monday Begumisa asked Court to allow him to file additional evidence against Nuwagaba’s victory arguing that he did not file some pieces of evidence at the High Court because he could not get it on time to file his application since he had limited time within which to file as provided for in the law.
He says further explained that the evidence was supposed to come from the Electoral Commission and his agents from different parts of the constituency.
Begumisa in his sworn affidavit filed before the court argues that he initially requested for voters’ registers and declaration forms to compare signatures since some of the forms given to him were not signed but his request was not granted.
The challenger says he used a handwriting expert on some of the declaration forms in his possession and results showed that signatures of his agents were forged.
He particularly points at the handwriting expert finding different copies of declaration forms from the Hakishaaha polling station and Nyakiju Catholic church polling station in Muyungu Parish Kyanamira Sub-County in Kabale District signed by different people yet from the same areas.
However, Niwagaba’s lawyer Medard Sseggona told the court that the appellant wants to introduce another piece of evidence that was not produced in the High Court which offends the rules governing election matters which state that by the time of filing an election petition one is supposed to accompany it with sufficient evidence before the hearing can commence.
Odoki will rule on the matter on March 29.
